Why is CBI protecting Pandher?

 

 

Everything appeared normal in Nithari. The shops were open and there was lot of activity in the bylanes. The sight of children playing and making noise, women busy catching up with one another made it seem as though the fear of the ‘Death House’ was no more in the hearts of people of Nithari.

But after going a little ahead, down the narrow bylanes full of mire, ground reality hit us hard. After meeting the victims of Nithari, we realised that the fear of the 'Death House' has aggravated after Nandlal, the main witness, turned hostile in the case. People were already in shock after the police personnel, involved in the case, were allowed to go scot free and the CBI gave a clean chit to Moninder Singh Pandher. Once Nandlal turned hostile, it reopened their old wounds. There were more questions than answers: Did Nandlal take money? Has Pandher bought Nandlal to his favour? Will Pandher be punished? Was CBI protecting Pandher?

People of Nithari only tremble in fear as they try to find answers to such puzzling questions. People had given up all hopes for justice for the victims of this dreaded serial killer when the CBI gave a clean chit to Pandher. Nandlal then emerged as a hero in the eyes of the people when his deposition during a cross-examination helped register a case of murder against Pandher. People expected justice to prevail. But now, when Nandlal has withdrawn his statements and turned hostile, people are dumb struck. They suspect Pandher has bought Nandlal’s allegiance. Anil Haldhar, one of the main witnesses of the case and also father of Rimpa Haldhar, one of the victims of the ‘Death House’, tells TSI, “Pandher has bought Nandlal and he is now lying. When Pandher had made available the saw used in murders, I was also present along with Nandlal.” Anil Haldhar has also filed an application in the special court of CBI and appealed to file a case of false witness against Nandlal. Nandlal is actually the prime witness of the Nithari case. The charge-sheet filed by CBI, after the enquiry of the Nithari case, had indicted servant Surendar Koli of rape and murder but Moninder Singh Pandher was not mentioned. It was then that Nandlal had levelled serious allegations against the CBI of twisting his statements to protect Moninder Singh. On June 18, 2007 he had filed an application in court that he was regularly receiving life threatening calls from Pandher hence his statement be recorded immediately. It was at his behest that on July 6, 2007 his statement was recorded in the special Ghaziabad Court of CBI. Then Nandlal had told the court that before the revelation of the Nithari case, when police had apprehended Koli and Pandher on his complaint on December 3, 2006, he had seen Pandher’s manager giving bribe to the then DSP Dinesh Yadav. Apart from this, he was also present on December 29, 2006, when Nithari serial killings came to light and Pandher had made available the saw with which he used to murder his victims.

It was on the basis of Nandlal's statement that the court filed a case of corruption and issued a non-bailable warrant against the then DSP Dinesh Yadav and also ordered the CBI to file a case of rape and murder against Pandher in the Payal case. But, on November 15, 2007 Nandlal did a volteface during the cross-examination. He told the court that neither was the saw procured in his presence nor had he seen Dinesh Yadav taking bribe. Before this incident, Nandlal, while speaking to TSI, had repeatedly accused the CBI and Dinesh Yadav of saving Pandher. But now he tells a different story to TSI: “It was Dinesh Yadav who brought the case to light.” Retired senior police officer of UP, K.P. Singh, while analysing the contradictory statements of Nandlal, tells, “The contradiction of statement proves prima facie that Nandlal wants to benefit Dinesh Yadav and Pandher. This can provide benefit-of-doubt to both.”

During its investigation, TSI found that there were endeavours to either buy off witnesses or were being coaxed to turn hostile. One of the main witnesses, Anil Haldhar told TSI, “Pandher had sent a man to me also. He came to me regularly for three days and offered money for holding my statement. This is not enough, even the CBI has threatened me to not make a statement against Pandher.” Further, Jhabbu Lal, resident of Nithari, says, “Some people of Nithari itself are hand in glove with Pandher. They are offering money to witnesses to turn hostile.” Usha Thakur, the social worker struggling for the Nithari victims says, “Pandher's son keeps roaming around my house. He has been sending messages to talk to me.” She further adds, “Before this, one Sikh gentleman calling himself a retired diplomat, had come to my house. He threatened me that I cannot harm Pandher.”

The Nithari victims have been continuously alleging CBI of protecting Pandher. Till now, the CBI has filed 11 charge-sheets and Pandher has been given the clean chit in the murder case but for few comparatively minor charges. However, the CBI court on November 28, charged Pandher with rape, murder, abduction and conspiracy in connection with the Pinky Sarkar case. Pinky's mother, Vandana had told the court that she was present, when Pandher had confessed of crimes to the police. The victim's father, Jatin Sarkar, who had appealed for re-investigation when the CBI had given a clean chit to Pandhe was found dead in mysterious circumstances in Murshidabad in West Bengal. Following this another witness of the Nithari case has held, the Supreme Court had ordered filing a FIR against the CBI Director Vijay Shankar Tiwari, Superintendent of Police S.J.M. Gilani and Dinesh Yadav, the then DSP of Nithari. Despite the FIRs the CBI allegedly continued to threaten the witnesses including the Supreme Court lawyer Bhanu Pratap Singh Dhakre, pleading on behalf of Vandana Sarkar. The lawyer has filed a case against the CBI for threatning to frame him in a false case. While talking to TSI an indignant Dhakre burst out at the CBI: “How dare the CBI send its Inspector, Ajay Singh, with his four goons to threaten me. I have filed an FIR against Ajay Singh in the police station of Noida's Sector 39.” Apart from this, the other victims Arun Sarkar, Jhabbulal and Karanbeer have also filed an application in the court alleging the CBI lawyer of prejudice. The application contains the following allegation: “Instead of important witnesses the CBI is summoning and producing before the court only informal and unrelated witnesses. It seems CBI lawyer wants to help the accused by not letting the prime witnesses and complainants give their statement.”

The truth about the CBI's role in the case is gradually emerging. When Pandher had accepted his crime before the police why did the CBI give him a clean chit? If Pandher is innocent then why is he threatening people? Why is he offering money for changing statements and turning hostile? Hidden in the answer to these questions itself is the evidence of Pandher‘s crime. 'Pandher tried to buy me too'

Khalid Khan, Nandlal's previous lawyer and lawyer of Nithari victims

Why did Nandlal change his statement?

He has sold himself. Pandher and Dinesh Yadav have bought him.

But Nandlal accused you of making him give false statements?

Is he a child that I can make him tell lies? When the saw was recovered there were two more witnesses. Both have accepted that Nandlal was present there. This makes it clear who is telling lies.

He has accused you of saving Pandher and Simranjeet Kaur?

How comical is this allegation. It was my initiative because of which a murder case was registered against Pandher. It was I who highlighted the way CBI was saving Pandher. I am on the target of CBI because of all this.

Were you also offered money?

Pandher tried to buy me, even before Nandlal.

How did you meet Nandlal?

When I had raised doubt over the investigation of CBI in late Jatin Sarkar’s daughter’s case and procured order of re-investigation it all came out in newspapers; Nandlal came to me after reading it. I did not go to him. It was because of my initiative that Pandher became an accused in the Payal murder case. Why would I do all this if I were with Pandher? 'My lawyer is threatening me'

Nandlal, The Main Witness in the Nithari case

Why did you change your statement?

My lawyer Khalid Khan made me give false statement. He made me speak something else in CBI Court and something else in Allahabad High Court. From this I felt he was trying to implicate me.

Why is your lawyer doing this?

He has changed sides and is now with the Sardar (Pandher) and Simranjeet Kaur (Suspended SHO of Nithari). He is even threatening me.

What threats have you received?

He is threatening to implicate me in a false case and send me to jail.

But was the saw not recovered in front of you?

No. I was not there then. I was made to tell lies.

Can your changing statements benefit Dinesh Yadav and Pandher?

It was Dinesh Yadav who revealed the Nithari case. It was in front of him that Pandher accepted his crime. He has recorded all this in the General Diary and the Case Diary.

And what about Pandher?

He cannot go scot free. I will make sure that killer of my daughter is punished. For this I will even go upto the Supreme Court.